Wilbur v. Johnson
Supreme Court of Missouri
Appeal from Jasper Court of Common Pleas. I. Neither the contract nor the promise of marriage were in writing. The court manifestly erred therefore in permitting evidence relating thereto. (Pars. Cont., [5 ed.,] vol. 2, pp. 63, 64; Derby vs. Phelps, 2 N. PL, 215.) II. It was lawful for defendant to show his financial condition. (Sedg. Dam., [3 ed.] ch. 7,p. 219; Green vs. Spencer, 3 Mo., 172, [Houck’s ed]. III.
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Appeal from Jasper Court of Common Pleas. I. Neither the contract nor the promise of marriage were in writing. The court manifestly erred therefore in permitting evidence relating thereto. (Pars. Cont., [5 ed.,] vol. 2, pp. 63, 64; Derby vs. Phelps, 2 N. PL, 215.) II. It was lawful for defendant to show his financial condition. (Sedg. Dam., [3 ed.] ch. 7,p. 219; Green vs. Spencer, 3 Mo., 172, [Houck’s ed]. III. The evidence shows that the child was begotten before any valid promise of marriage, and that the seduction, if any, took place prior to any promise of marriage (Sedg. Dam., [3 ed.]…
1Opinion of the CourtWagner, Judge
The plaintiff brought her action in the court below, against the defendant, for a breach of marriage contract, and claimed $10,000 damages. On a trial of the issues framed, the jury awarded her $2,000, for which amount judgment was rendered and defendant appealed.
The evidence in reference to the contract was contradictory. Plaintiff was sworn in her own behalf, and she testified positively to the fact, that the contract of marriage was entered into between them, and that she was ready and willing to comply with it on her part, but that defendant had refused and married another woman. She was…
2Cases cited1 opinion
- Green v. SpencerSupreme Court of Missouri · 1834
3Cited by14 opinions
- Connell v. Western Union-Telegraph Co.Supreme Court of Missouri · 1893
- Lauer v. BanningSupreme Court of Iowa · 1911
- State v. WhalenSupreme Court of Missouri · 1899
- Welborn v. RigdonSupreme Court of Missouri · 1950
- Jordan v. HoveySupreme Court of Missouri · 1880
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